HomeMy WebLinkAbout20173437.tiffHEARING CERTIFICATION
DOCKET NO. 2017-84
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0037, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(COMMERCIAL TRUCK PARKING) PROVIDED THAT THE PROPERTY IS NOT A LOT
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR
PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT — TIMOTHY AND ERIN
ARTER
A public hearing was conducted on October 25, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer - EXCUSED
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michelle Martin on behalf of
Diana Aungst
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated September 15, 2017, and duly published
September 20, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of Timothy and Erin Arter, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0037, for a Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (commercial truck parking) provided
that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District. Bob Choate, Assistant County Attorney, made this a matter of record.
Michelle Martin, Department of Planning Services, presented a brief summary of the
proposal and described the location in relation to relevant County roads. She stated staff sent out
12 referrals and received eight (8) responses which have been considered in the Conditions of
Approval and Development Standards. Ms. Martin clarified the applicant's intent to park three (3)
commercial trucks on -site. She reviewed the number of employees, hours of operation and
explained the Zoning Violation, ZCV17-00118, which will be corrected should the Board approve
the USR Permit application. She described the adjacent land uses, closest residence, and other
USRs in the area. Ms. Martin stated the site is located within the three (3) mile referral area of the
Town of Hudson, which did not respond with any referral agency comments. She displayed photos
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2017-3437
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HEARING CERTIFICATION -TIMOTHY AND ERIN ARTER (USR17-0037)
PAGE 2
of the site and surrounding views and entered the favorable recommendation of the Planning
Commission into the record as written.
• Chair Cozad reviewed, for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four Commissioners being present and one Commissioner
excused.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, access location, and traffic counts to include truck
percentages. He stated the traffic narrative indicated three (3) daily round trips; therefore, neither
tracking control, nor an Improvements Agreement are required.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the site is excepted from a drainage report and detention pond
design. She further reviewed the relevant Conditions of Approval and Development Standards
related to Engineering.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating a domestic well provides water, a septic system provides sewer to the existing
home, and a portable toilet will be used for the business. She stated Development Standards (DS)
#12-20 address typical Environmental Health items.
a Tim Arter, applicant, stated this site is also his residence and his intent is to park three (3)
commercial trucks inside a building. He clarified the trucks are not semi -trucks and are more
similar in size to the FedEx style of trucks. Mr. Arter explained this Permit is for storage only, as
business is conducted off -site, and he mentioned that employees will access the site in the
morning and evening to pick up and drop off the trucks before and after the scheduled work day.
In response to Commissioner Moreno, Mr. Arter reported there is no business being operated
on -site and he is only requesting approval for parking the commercial trucks on his property.
• No public testimony was offered concerning this matter.
In response to Commissioner Moreno, Mr. Arter stated he submitted the hours of operation
because it was requested on the application.
• In response to Chair Cozad, Mr. Pinkham explained the Access Permit has not been
approved but is in the process and it is existing as a residential access. He stated there are no
concerns and it is on the Access Control Plan as residential. After further discussion among those
present, Commissioner Conway and Chair Cozad requested Mr. Choate provide language.
• Commissioner Conway suggested deleting DS #3 regarding the hours of operation and
amending DS #5 to reflect five (5) trucks. He further suggested deleting DS #7. The Board agreed
to these changes. Mr. Choate suggested adding the word "existing" to COA #1.A.9, as the use is
consistent with the residential zone. Commissioner Conway interjected to remove the last part of
the sentence on COA #1.A.9 regarding turning radii. Commissioner Moreno suggested deleting
Conditions #1.A.5, #1.A.6, and #1.A.12. The Board agreed to the aforementioned changes.
2017-3437
PL2500
HEARING CERTIFICATION - TIMOTHY AND ERIN ARTER (USR17-0037)
PAGE 3
Chair Cozad reviewed the changes for the applicant. In response to Chair Cozad, Mr. Arter
indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development
Standards, as amended.
Commissioner Moreno moved to approve the request of Timothy and Erin Arter, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0037, for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (commercial truck parking) provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as amended and entered into the record. The motion was seconded by Commissioner
Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:31 a.m.
This Certification was approved on the 30th day of October, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CO; NTY, COLORADO
ATTEST: ditifet) jelto; ok
Weld County Clerk to the Board
BY:
AP
0,„
y Clerk to the Board
County Attorney
JuIeA.
ozad, Chair
Steve Moreno, Pro -
Sean P. Conway
ike Freeman
Date of signature: 11/4 I '3 ( l'7
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